Viers

MEMORANDUM *

Burton Dean Viers (“Viers”) appeals his conviction following his conditional guilty plea to conspiracy to manufacture marijuana, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(B)(vii) and 846. Kathi-Sue Wiechert (“Wiechert”) appeals her conviction following her conditional guilty plea to manufacturing marijuana, in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(vii). Viers and Wiechert (“the appellants”) contend that the district court erred in denying their suppression motion because the affidavit submitted to the magistrate by DEA Special Agent Gary Landers (“Landers”), for purposes of obtaining a search warrant of Wiechert’s residence, contained deliberate or reckless misstatements about the informant and the tip received from the informant, the power consumption records and the agents’ detection of the odor of marijuana, which should have been excised. The appellants contend that without the excised information, the affidavit lacked support for a finding of probable cause to issue the search warrant. Alternatively, the appellants argue that the district court erred in concluding that Agent Landers was not within the curtilage of Wiechert’s home when he…